14th Amendment in American History

In June of 1982, the Supreme Court ruled that educational services and/or the right to an education could not be denied to students who had not been legally admitted into the United States. The state of Texas attempted to argue that they enforced that section of their Education Code because it was intended to prevent illegal immigrants from taking up residence in Texas. The immigrant students would then strain the educational system of the state. However, a counter argument was offered that if such students were refused access to an education, they would be illiterate as adults and unable to fully contribute to society, therefore creating more of a strain on society than they would on the educational system.

Another argument against the Texas law was that children cannot control the status of a parent. It is not the fault of the child if they are of illegal or legal status in the United States. As a minor, the child cannot control the actions of their parents and therefore could not have prevented their entrance into the United States. There is no way of knowing if the child was willing or unwilling to follow their parent in entering the country illegally and therefore they should not suffer the consequences of their parents’ actions. The Court came to the consensus that Texas’ law contravened the Equal Protection Clause under the 14th Amendment of the U.S. Constitution. It was ruled that a state cannot prohibit an illegal immigrant from an education unless the best interest of the state is compromised.

I agree that the Court would make the same decision in contemporary America. The country as a whole is moving more and more toward equal access and opportunities for all people, not just those who fit a certain mold. After all, this country was founded by immigrants. It’s a sort of melting pot for all cultures and backgrounds. Many families come to this country to escape oppression or find a fresh start. Children who are illegal immigrants truly cannot help the fact that their mere presence is breaking the law. Some of them are even too young to comprehend that concept. Under the Equal Protection Clause, no person may be denied equal protection under the law. This was interpreted to include access to an education. All people currently in the United States are subject to the law.

We don’t pardon someone who is visiting from England on a violation of the law simply because they aren’t a resident of the country. They can be penalized for something as easily as an natural-born citizen of the U.S. This idea carries over into the realm of education. In the United States, all children under the age of 18 have the right to an education regardless of their age, gender, orientation, race, or ability. This includes students who have not legally come into this country because they are not yet independent individuals who would have been able to make a choice to come to the U.S. legally.  

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